The Court dismissed a Criminal Revision petition filed by a petitioner who was also an accused in the underlying criminal case. The revision was abated because the petitioner/accused had died before the matter was called for hearing on the stipulated date.
Criminal Revision dismissed as abated; connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.10.2018
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.R.C.No.135 of 2013
and M.P.No.1 of 2013
Ponnusamy Gounder ...Petitioner Vs. S. Muthusamy ...Respondent
This Criminal Revision filed under Sections 397 read with 401 of Code of Criminal Procedure to call for the records in C.A.No.06 of 2010 on the file of the Principal District and Sessions Judge, Dharmapuri, reverse the finding and set aside the conviction passed by the Judicial Magistrate, Harur in C.A.No.06 of 2010 in C.C.No.302 of 2003 dated 09.03.2010.
When the criminal revision was taken up for hearing on 27.09.2018, the learned Counsel for the petitioner stated that the revision petitioner who is accused in this case has passed away. Hence, the matter is posted on 05.10.2018 for filing proof of death.
2 Today, when the matter is called, there is no representation for the petitioner. Since the revision petitioner/accused is no more, this Court has no other option except to dismiss the same.
3 Accordingly, the Criminal Revision is dismissed as abated. Consequently, connected miscellaneous petition is closed.
s/dAssistant Registrar(CS VIII)
True Copy
Sub-Assistant Registrar
ksa-2/rli
To
Crl.R.C.No.135 of 2013
and M.P.No.1 of 2013
RK(CO)
SP(01/11/2018)
Ponnusamy Gounder
S. Muthusamy
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
